CU videotapes and other evidence obtained in discovery show-ed that when the car was put through the standard "emergency avoidance" test course, it passed with no problems. This is supposed to replicate an emergency that any driver might en-counter. It involves the driver suddenly turning into the opposing lane to avoid an obstacle and quickly turning back into the original lane. The Samurai was run through the course, which had been used for 15 years, 37 times. It did not roll over once even though it was driven at a higher speed than other cars that were tested. Kevin Sheehan, a CU test driver, said the vehicle "never felt like it would tip over." Another driver, Rick Small, gave the Samurai CU's highest stability rating, saying it "corrects quickly" and "responds well."
Suzuki charges that at this point Landau threatened his testing staff, saying, "If you can't find someone to roll this car, I will!" David Pittle, CU's technical director, tried nine times to roll the car over without success. He finally succeeded in getting it to tip up by turning the car so sharply that it went off the test course. A video shows onlookers cheering and yelling, "Yeah!" One said , "I think I got that, I think I got that."